Page:United States Statutes at Large Volume 120.djvu/3287

 120 STAT. 3256

PUBLIC LAW 109–435—DEC. 20, 2006

‘‘(B) The rates of postage applicable to mail under this paragraph shall be established in accordance with section 3622. ‘‘(C) This paragraph shall not apply with respect to an issue of a publication unless the total paid circulation of such issue outside the county of publication (not counting recipients of copies subject to paragraph (3)) is less than 5,000.’’; and (3) by adding at the end the following: ‘‘(n) In the administration of this section, matter that satisfies the circulation standards for requester publications shall not be excluded from being mailed at the rates for mail under former section 4358 solely because such matter is designed primarily for free circulation or for circulation at nominal rates, or fails to meet the requirements of former section 4354(a)(5).’’. SEC. 1004. SENSE OF CONGRESS REGARDING POSTAL SERVICE PURCHASING REFORM.

It is the sense of Congress that the Postal Service should— (1) ensure the fair and consistent treatment of suppliers and contractors in its current purchasing policies and any revision or replacement of such policies, such as through the use of competitive contract award procedures, effective dispute resolution mechanisms, and socioeconomic programs; and (2) implement commercial best practices in Postal Service purchasing policies to achieve greater efficiency and cost savings by taking full advantage of private-sector partnerships as recommended in July 2003 by the President’s Commission on the United States Postal Service. SEC. 1005. CONTRACTS FOR TRANSPORTATION OF MAIL BY AIR.

(a) DEFINITIONS.—Section 5402(a) of title 39, United States Code, is amended— (1) in paragraph (4), by striking ‘‘(g)(1)(D)(i)’’ and inserting ‘‘(g)(1)(A)(iv)(I)’’; (2) in paragraph (5), by striking ‘‘(g)(1)(D)(i)’’ and inserting ‘‘(g)(1)(A)(iv)(I)’’; (3) in paragraph (8), by striking ‘‘rates paid to a bush carrier’’ and inserting ‘‘linehaul rates and a single terminal handling payment at a bush terminal handling rate paid to a bush carrier’’; (4) in paragraph (11), by striking ‘‘(g)(1)(D)(ii)’’ and inserting ‘‘(g)(1)(A)(iv)(II)’’; and (5) in paragraph (13)— (A) in subparagraph (A)— (i) by striking ‘‘clause (i) or (ii) of subsection (g)(1)(D)’’ and inserting ‘‘subclause (I) or (II) of subsection (g)(1)(A)(iv)’’; and (ii) by striking ‘‘and’’ after the semicolon; (B) in subparagraph (B), by adding ‘‘and’’ after the semicolon; and (C) by adding at the end the following: ‘‘(C) is not comprised of previously qualified existing mainline carriers as a result of merger or sale;’’. (b) NONPRIORITY BYPASS MAIL.—Section 5402(g) of title 39, United States Code, is amended— (1) in paragraph (3), by adding at the end the following: ‘‘(C) When a new hub results from a change in a determination under subparagraph (B), mail tender from that hub during the 12-month period beginning on the

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